Constitutional Court approves temporary measure based on the Serb List’s appeal

The Constitutional Court of Kosovo has granted the Serb List’s request for the introduction of a temporary measure regarding the Kosovo Assembly, following the appeal that the party filed concerning the election of the deputy speaker of parliament from the Serbian community.

According to the Court’s decision, the temporary measure is in effect from today until 30 September, prohibiting deputies from taking any action or steps toward forming the Government of Kosovo.

The Court stated that, ex officio and on the basis of the applicant’s request, it adopted a temporary measure suspending all actions of the elected deputies of the Kosovo Assembly, as well as any procedure for forming the government.

“The Court considers that, without assessing the above claims of the applicants in the case before it, it is necessary to prohibit all further actions aimed at electing the Government and continuing the work of the Assembly, so that the legal and democratic order in the Republic of Kosovo is not undermined,” the decision reads.

According to the Court, the temporary measure can “avoid risks or irreparable harm” related to the establishment of institutions and the adoption of decisions contrary to the Constitution.

The Court held that, without assessing the Serb List’s claims, it was necessary to halt all further actions aimed at electing the Government and continuing the work of the Assembly in order to protect the legal and democratic order in Kosovo.

“Furthermore, the Court considers that, in terms of the definitions of Article 27 of the Law, there exist circumstances of ‘public interest,’ which include the preservation of the constitutional order of the Republic of Kosovo,” the decision states.

The Constitutional Court emphasized that the establishment of institutions must be in line with the Constitution.

“Since the applicants’ claims essentially relate to the constitutionality of the decisions adopted and actions taken during the constitutive session, as a constitutional act, the Court considers that the claims and facts raised by the applicants give rise to constitutional-level issues concerning the establishment of state institutions following the Assembly elections,” the document states.

Deputies of the Serb List filed their appeal with the Constitutional Court on 30 August, citing, as they put it, a serious violation of the rights of the Serbian people during the sessions of the Assembly in Pristina.